It is undeniable that a phenomenon of modernisation, based on harmonised formalism, is currently affecting the way claims are presented before courts in the scope of written procedures, whether with respect to the content or number of pleadings.
The different players of the legal system agree on the interest of this evolution of existing practices, often established following a consultation between judges and lawyers. Nevertheless, even though it may simplify the work of judges, this modernisation still raises some concerns.
Certain lawyers dismiss the principle of what would be an editorial or procedural constraint which would excessively limit their freedom to act in the interest of their client. The sometimes established similarity with the practices already implemented before the European courts, such as the Court of Justice of the European Union, will not lessen this feeling, when one knows that before this Court, pleadings must meet an extremely standardised format imposed paper colour and font size or limit of the number of pages.
In parallel, some also fear the excessive predominance of written documents and, in fine , the cancellation of the status hearing, which role and course are currently also under discussion. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology. Back Forward. Share Facebook Twitter Linked In. Follow Please login to follow content.
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France May 24 Obligation to reiterate all claims in the last pleadings Decree no. New sources of a growing formalism In line with the Decree of 28 December , a Protocol relating to civil procedure has been signed on 3 June between the Paris Bar and the Paris Civil Court.
Civil Procedure in France | brill
The principle of structuring of pleadings Moreover, the structuring, if not standardisation, of pleadings is more and more sought-after. Conclusion It is undeniable that a phenomenon of modernisation, based on harmonised formalism, is currently affecting the way claims are presented before courts in the scope of written procedures, whether with respect to the content or number of pleadings. Filed under France Litigation Hogan Lovells. Nathalie Voser Schellenberg Wittmer. Watch now.
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France Litigation. France and the concept of amicus curiae: what lies ahead? Counsel for the plaintiff then files an official copy of the served writ with the court.
Proceedings are brought before commercial Courts either by the service of a writ of summons, or by a joint application filed by both parties. Also, the parties can appear before the commercial Court and present themselves their arguments orally to the Court, as representation by a counsel is not mandatory before these Courts. The length of the briefs is not limited. They must be motivated on law and facts. Additional claims and evidence may be filed after the first briefs. Once the Juge de la Mise en Etat deems the parties have. After the closing of the proceedings, the Juge de la Mise en Etat sets the trial hearing date.
Before commercial Courts, the procedure is oral. There is no Juge de la Mise en Etat and no closing date. But when the parties are represented by their. In civil and commercial procedure, there is no general discovery as is the case under US rules of procedure. A party will merely disclose the documents he wishes to use to establish a particular fact in the case. But, if a party refers to a. The Court before which a case is argued may refuse evidence which has been produced belatedly, i.
A party may request the production of specific evidence not mentioned by the other party in its briefs, detained by the other party or to any third party if such evidence could contain elements that could have an influence on the case and that if is relevant to the dispute.
Tag: French Code of Civil Procedure
If the requested party refuses to submit to such request, the requesting party can notify a request for production of evidence sommation de communiquer officially requesting the filing of the evidence and which will be included in the file of the Court.
This request does not, however, suspend the course of the pre-trial phase. The amounts awarded by application of this article Cpc depend on various factors, and they are often higher in patent cases than in trademark or copyright cases. But in the past years their average amount has increased, around In all IP fields, one finds injunctive procedures, which permits a party, depending on the urgency, to obtain within hours or within a few weeks cease and desists orders, and even sometimes, provisonnal damages.
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An increasing number of IP cases are subject, not to civil, but to criminal proceedings, initiated usually by the Customs authorities. The main issue, and difficulty for the defendant, is that in criminal proceedings the cases are heard by the criminal court which has jurisdiction over the place where the seizure took place. One must note that in France a percentage of the fines awarded to the. Check your inbox or unwanted to confirm your subscription. Is a French-Belgian law firm, devoted to the law of creation and innovation. The firm is one of the pioneers and leader of the material.